Parliamentary Portfolio Committee for Social Development
26 May 2003

The Chairperson
P O Box 15
Cape Town
8000

Fax. 021 403 2854
[email protected]


Dear Mr Saloojee

SUBMISSION: REPORT OF THE COMMITTEE OF INQUIRY INTO A COMPREHENSIVE SYSTEM OF SOCIAL SECURITY FOR SOUTH AFRICA

Child Welfare wishes to congratulate the Committee of Inquiry on a well-researched and excellent report. As the largest NGO concerned with children it was significant to note that children received a great deal of attention in the report. This Committee shares our concern with the plight of children, especially those over the age of seven who do not receive any Government support, those infected and affected by HIV/AIDS and those who remain the victims of poverty in our country.

Child Welfare’s main objective is child protection and the promotion of children’s rights and our submission centres on chapters 5 and 7 of this report:

CHAPTER 5 – POVERTY, SOCIAL ASSISTANCE GRANTS AND THE BASIC INCOME GRANT

BASIC INCOME GRANT (BIG)

Social Assistance has always been recognised as a major poverty alleviation mechanism, but children did not adequately benefit from these processes. Our experience of children suffering, dying and their rights violated, due to our country’s extreme poverty rates, prompted many requests to Government to address this burning issue. Although the Government’s Poverty Alleviation Programme tried to alleviate poverty, in most instances the efforts were only partly successful.

It is for this reason that we became active participants in the debate, advocacy and lobbying efforts around the Basic Income Grant. Although we do not promote a so-called "welfare state" and believe in people’s right to self-reliance, we endorse the UN Commission on Social Development’s assumption that adequate social protection can provide minimum standards of well-being to people living in dire circumstances. It can increase capabilities and opportunities, enable people to live with dignity and could contribute to human development. Acknowledging and recognising the present fiscal and administrative obstacles, we support the recommendation of this Committee for a phased approach towards a comprehensive social protection system, including BIG. We urge Government, as recommended by the Committee, to prioritise children within the indicated time frame of 2002 – 2004. At the same time, we support the next phase of a comprehensive support for all, be it named "BIG" or a "Solidarity Grant". The latter should not replace existing or proposed grants to children.


CHAPTER 7 – PROTECTING THE CHILDREN


THE CHILD SUPPORT GRANT

We applaud the Committee on its recommendation of extending the Child Support Grant to all children over the age of 7 and the subsequent announcement by Government that this will be phased in over a period of 3 years for children up to the age of 14. This decision remains a concern, as not all children will have access to the CSG. What will happen to those over the age of 14 after 2005? What will happen with those between 9 and 14 years in the interim period until 2005? Child Welfare is experiencing a national crisis as the number of orphaned children reported by our 176 affiliated child welfare societies has reached epidemic proportions. A comparative analysis of Child Welfare statistical data indicated that the number of orphaned children has tripled from 1997 to 2002. During 2002, Child Welfare had more than 11 000 orphaned children on their caseloads. These children’s needs have to be met of which alternative care remains the most important.
The large number of abandoned children overwhelms Child Welfare. This figure keeps on increasing at an alarming rate with more than 10 000 abandoned children on Child Welfare caseloads during 2002. Again these children’s needs have to be met with alternative care being the most pressing issue.
Access to social security is pivotal in effective service delivery to this vulnerable group of children. The promotion of community based care for abandoned an orphaned children, is dependant on effective access to social security for children between birth and 18.
A Child Welfare resolution, dealing with children affected by HIV/AIDS, taken at our General Assembly meeting in 2001 reads as follows: "That the Minister for Social Development extend the Child Support Grant to registered child caregivers (including child heads of households), caring for children, who have been abandoned and orphaned, until they reach the age of 18, to increase the amount to at least R 250 per month and to put in place appropriate checks and balances to monitor the use of these grants." We trust that this Portfolio Committee will take note of this resolution and that the Committee will consider supporting our lobby in this regard.


ADMINISTRATION OF THE CHILD SUPPORT GRANT

Although the report touched on some of the administrative and service delivery problems experienced in accessing the CSG, the report does not make any recommendations in this regard. Accelerated marketing of the CSG alone will not solve these problems and it is recommended that the Department of Social Development urgently address these problems. Possible solutions include:

We acknowledge that a general opinion exists that there should be no means test, implying that all children should receive the CSG. Although this argument carries merit, we acknowledge the fact that many children do not need the CSG and that it should be targeted at those who need it the most. Should a means test be applied it should be as simplified as possible;
The Department of Home Affairs should be active participants in reaching as many children as possible. They should assist in the streamlining of processing of birth certificates and identity documents – mobile units, especially in the rural areas, should be deployed to assist communities. The lack of the necessary documentation has been identified as a major barrier in accessing the CSG. Alternative forms of identification should be accepted as an interim measure;
Children without adult caregivers should be enabled to access the CSG. NGOs should be allowed to apply on behalf of a child – these registered organisations have the infrastructure and mechanisms in place to monitor and assist children in the management of the CSG. Volunteers and trained home visitors can play a major role in this regard. Temporary social relief programmes, such as food parcels, should be put in place to assist children in crisis until the CSG can be accessed;
The necessary amendments should be made to the Social Assistance Act to implement these recommendations.

FOSTER CARE GRANT

We are relieved to see that the Committee acknowledges the necessity of foster care grants. Foster care is a valuable alternative care method for children who cannot remain in their biological family. This grant has contributed to the effective protection of children. We support the need for the process and access of these grants to be simplified, especially in the cases of family care or informal carers.
Child Welfare’s resolution taken at its General Assembly Meeting in 2001 reads as follows: " That the Department of Social Development expedite the payment of foster care grants, so that such payment is made as soon as possible, but in any event within 3 months of the date of application." We trust that the Department of Social Development took note of this resolution.

ADOPTION

We cannot agree with the statement in the report "one would have to bear in mind that disallowing poor parents to adopt children is in order to serve the best interests of the child". Every child has the right to a family and discrimination cannot take place on the ground of financial constraints only. Research has confirmed that a child who grows up in a nurturing family will be assisted in developing to his/her full potential. Many children, who will be left orphaned by the HIV/AIDS pandemic, will force policy makers and legislators to enable people to adopt by means of subsidisation.

ACTION IN ACCORDANCE WITH THE MAINTENANCE ACT

The report refers to this issue and empasises the fact that many children are suffering because of fathers not contributing to their maintenance. Fathers, who are able to, but not contributing to their children’s maintenance are criminal offenders and child neglecters and should be considered as such. We strongly believe that abandonment can be effectively addressed if women are empowered and that the justice system enables them to obtain maintenance. We welcome the recommendations by this Committee and urge the Department of Justice to urgently adhere to these recommendations.

CHILD CARE BILL

The report refers to the S A Law Commission’s proposed Comprehensive Child Care Statute, which will provide a package of social security for children. This proposed statute could only make recommendations and not provide for this social security. There should be cross-reference by this Committee to the recommendations contained in the Children’s Statute to ensure that this framework covers the recommendations of the Children’s Statute. Our concern is that the necessary financial resources will not be put in place to ensure effective implementation of the Children’s Statute. This Committee should incorporate these recommendations in the envisaged policy.

SERVICE DELIVERY AND POLICY IMPLEMENTATION

It should always be kept in mind that social pensions and grants consume more than 90% of the Social Development budget, leaving minimum funds for social services. Although this report only deals with a framework for a comprehensive social protection system, the social service delivery system should receive the same consideration in funding allocation. This will contribute to the effective implementation of the support programmes recommended by this Committee.

On a general note, the implementation of this framework must guarantee that the division of responsibility between national and provincial authority is clarified. In the case of the Department of Social Development’s social security system, it is accepted that policy will be developed on national level and that implementation and delivery will be executed on provincial level. It is imperative that this policy be implemented uniformly and consistently in all provinces.

This report is encouraging and will fuel our efforts to address the needs of children. The implementation of the recommendations will add to their protection and relieve their immediate plight. We are looking forward to and are eager to participate in the development of the implementation phase.

We wish you well with the deliberations on this report.


Yours sincerely

ANDRé KALIS
NATIONAL DIRECTOR